Agenda Item Name:
Title
Bid Award Protest for RFP (Request for Proposals) 22-327 Solar Photovoltaic Systems for the Alachua County Health Department.
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Presenter:
Larry Sapp 352.374.5202
Description:
Bid Award Protest for RFP 22-327 Solar Photovoltaic Systems for the Alachua County Health Department
Recommended Action:
Recommended Action
Consider the protesting party’s appeal, the presentations of the parties, and render a decision as to the appeal.
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Prior Board Motions:
N/A
Fiscal Consideration:
Fiscal Consideration
N/A
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Strategic Guide:
Strategic Guide
Environment
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Background:
RFP 22-327 Solar Photovoltaic Systems for the Alachua County Health Department was advertised on March 16, 2022. The deadline for receipt of proposals for RFP 22-327 was May 25, 2022; four (4) vendors responded. The RFP Evaluation Committee reviewed the proposals individually and then met in a public meeting on June 29, 2022 to score and rank the vendor’s proposals. The proposals were ranked, with the following scores.
1. Solar Impact, Inc.: 176.4
2. Power Production Management, Inc.: 168.8
3. Advanced Roofing, Inc.: 155.2
4. 15 Lightyears: 139.2
The Intent to Award (ITA) was published on July 5, 2022, listing the top ranked vendor as Solar Impact, Inc.
On July 11, 2022, Sean G. Hipworth, Esq., on behalf of Power Production Management, Inc. (PPM), submitted a written award protest regarding RFP 22-327. PPM’s requested relief is to disregard scores from an Evaluation Committee member.
The County Manager conducted an inquiry and reviewed the matter. On July 28, 2022, the County Manager issued a written determination denying the protest.
On August 4, 2022, the County received a written appeal of the denial of the bid award protest from PPM.
Alachua County Code, Article 9, Part A, Section 22.9.101(3)(d) titled “Appeal” states - If the protesting party is not satisfied with the County Manager’s determination, the protesting party may appeal the determination to the Board of County Commissioners by filling a written appeal. The Procurement Manager shall prepare an agenda item and shall schedule the matter for consideration by the Board as soon as practicable.
The burden of proof rest with the protesting party. The protesting party shall be permitted 15 minutes to present its appeal directly to the Board, and the County Manager shall be permitted 15 minutes to present a response. The Board, after considering the appeal and the presentation of the parties, shall render its decision. The decision of the Board shall be final and not subject to further appeal under the Code.